Who Does This Apply To?

Pretty much everyone involved in construction and development. If your project involves digging up soil and moving it somewhere else, this regulation likely affects you.

Specifically, it applies to:

• Property owners and developers

• Construction contractors

• Municipalities doing infrastructure work

• Consultants and environmental professionals

• Soil management and trucking companies

• Anyone doing roadwork, building construction, or site development

The key thing to remember is that any project generating "excess soil" - soil that gets excavated and removed from your project site - falls under these rules.

Key Terms You Need to Know

Let's get the vocabulary straight, because these definitions matter:

Excess soil is any soil, crushed rock, or mixture that gets excavated from your site and removed from the project area. Once soil leaves your property, it's considered excess soil unless it qualifies as waste.

Project area is simply the property where you're excavating and removing soil from.

Project leader is typically the owner or main person responsible for planning and running the project.

Qualified person (QP) is a professional who conducts soil sampling to figure out soil quality and whether it can be reused safely.

Reuse site is where your excess soil will end up being beneficially reused.

Timeline: How the Regulation Rolled Out

The regulation didn't hit all at once. It was introduced in December 2019 but implemented in phases:

January 1, 2021 marked the first phase. This established that excess soil transported directly from your project to a reuse site for beneficial reuse isn't considered waste, as long as you meet specific criteria. The soil has to actually be reused beneficially, and its quality and quantity need to be appropriate for what it's being used for.

January 1, 2023 brought the full requirements into effect. This is when comprehensive planning requirements kicked in, including filing notices in the Excess Soil Registry, hiring qualified persons for assessments, and implementing tracking systems.

Core Requirements: What You Actually Have to Do

File with the Excess Soil Registry

The Excess Soil Registry is a public online system where you log information about your soil - where it came from, where it's going, and what it'll be used for. This creates transparency and helps prevent illegal dumping. You'll need to file notices and keep the system updated as your project progresses.

Get Professional Assessments

You'll need to retain a qualified person to complete several assessments:

• Assessment of past uses for your site

• Sampling and analysis plan

• Soil characterization report (if needed)

• Excess soil destination assessment report

These assessments ensure your soil quality is properly evaluated and that wherever you're sending it can actually handle that type of soil.

Implement Tracking Systems

You need a comprehensive tracking system to monitor soil from excavation to final destination. This includes maintaining hauling records and vehicle documentation. Basically, you need to be able to prove where every truckload of soil went.

Meet Beneficial Reuse Criteria

For soil to be considered beneficially reused (rather than waste), it has to be appropriate in quality and quantity for its intended purpose at the reuse site. This isn't just about finding somewhere to dump soil - it has to actually serve a useful purpose where it's going.

What This Means for Your Projects

Let's be honest - this regulation adds complexity and costs to construction projects. But it also creates opportunities and helps protect the environment.

Planning and Timeline Impacts

You'll need to build additional time into your project schedule for soil assessments, registry filing, and documentation. The upfront work with qualified persons and soil characterization can take several weeks, so plan accordingly.

Cost Considerations

There are new costs associated with qualified person services, testing, and administrative requirements. However, proper planning can also identify opportunities to beneficially reuse soil, potentially reducing disposal costs.

Legal Responsibilities

Project owners and developers now have increased legal responsibilities. Non-compliance can result in enforcement action under the Environmental Protection Act, so getting this right isn't optional.

Storage and Processing Options

The regulation does provide some flexibility for low-risk processing activities. If you're processing excavated soil or crushed rock within your project area using specified methods, it might not be designated as waste. This can streamline operations for qualifying activities.

You can also store soil on your project site temporarily while arranging for beneficial reuse, as long as you follow the proper procedures and timelines.

Practical Tips for Compliance

Start early with your soil management planning. Engage a qualified person during the project planning phase, not when you're ready to start excavating.

Keep detailed records of everything - soil testing results, registry filings, hauling records, and destination confirmations. Good documentation is your best protection if questions arise later.

Work with reputable soil management contractors who understand the regulation requirements. They can help navigate the registry system and ensure proper tracking.

Consider beneficial reuse opportunities early in your planning. Sometimes soil that might seem problematic for one use is perfect for another project.

The Bottom Line

Ontario Regulation 406/19 represents a significant shift in how we handle excess soil in the province. While it adds complexity to construction projects, it also creates a more transparent, environmentally responsible system for soil management.

The key to success is understanding the requirements early, building compliance into your project planning, and working with qualified professionals who know the system. The regulation continues to evolve with periodic amendments, so staying informed about updates is important for ongoing compliance.

For construction and development professionals, mastering these requirements isn't just about avoiding regulatory issues - it's about participating in a more sustainable approach to soil management that benefits the entire province. With proper planning and execution, compliance with O. Reg. 406/19 becomes just another part of responsible project management.

To find out how Ontario Excess Soil can support your next project, contact us at ontarioexcesssoil@gmail.com  

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